J and K govt permits change of agriculture land for non-farming

In a significant decision, the Jammu & Kashmir Administrative Council which met under the chairmanship of Lieutenant Governor Manoj Sinha approved the regulations framed by the Board of Revenue for conversion of agricultural land for non-agrarian purposes.

These regulations were necessitated after the legislative changes in the Land Revenue Act

post-reorganization of the erstwhile state.

These regulations have been issued to regulate the uncontrolled conversion of agricultural land for non-agricultural purposes on the one hand and keep the developmental aspirations of the Union Territory (UT) and people on the other hand.

Under the new regulations, the District Collector has been empowered to grant permission to the change in land use from agricultural to non-agricultural purposes in accordance with the procedure as to be notified by the Board of Revenue.

The permission is to be granted within 30 days of the filing of the application with a provision of deemed approval if no decisions are taken.

The powers have been delegated to the District Collector to grant permission for land up to 12-A standard acre against a fee of 5 percent of the market value of the land notified under the Stamps Act.

The regulations empower the applicant to start the non-agriculture use on the permitted land within one year from the date of the order issued by the District Collector in this regard. However, the land can be diverted and used only for the purpose specified in the permission.

Moreover, the regulations provide an exemption from seeking permission in cases of conversion for the construction of a residential houses or farm-related buildings and storages with a ceiling of 400 square meters (17 Marla).

The Assistant Commissioner (Revenue), Sub-Divisional Magistrate and Tehsildar concerned have been entrusted with the responsibility of monitoring the implementation of these regulations within their respective areas of jurisdiction.

Besides, it will be the duty of every Agriculture Extension Officer to report cases of violation to the revenue officers and any neglect on this account can attract disciplinary action for dereliction of duty.

The decision is aimed at ensuring the production of a sufficient quantity of foodgrains, besides promoting orderly growth of the industrial and services sector in the UT and creation of employment.

With this decision, the UT will be at par with the leading states of the country in allowing the conversion of agricultural land and reducing compliance burden under the Business Reforms Action Plan (Ease of Doing Business) in an investor-friendly ecosystem.